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The Rajasthan High Court expressed concern over the systemic deficiencies in the implementation of the Juvenile Justice Act, particularly in relation to preliminary assessments of children accused of heinous offences and the rehabilitation of Care Leavers, and issued wide-ranging directions to State authorities for institutional reforms.
The Court held that while conducting preliminary assessment, Juvenile Justice Board was not bound by any opinion or recommendation and must independently apply its mind to all the material available to it, including Social Background Report, Social Investigation Report, witness statements, interaction with the child and every other relevant circumstance.
“The Board shall conduct the preliminary assessment regarding the mental and physical capacity of the child to commit the crime, his ability to understand the consequences of the offence and the circumstances in which the crime was allegedly committed.”